Reed v. Saint Paul Fire & Marine Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Saint Paul Fire and Marine Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 22d day of April, 1914, upon a decision of the court, both sides having consented that the jury be discharged.
1Opinion of the Court
Smith, P. J.:
This action was brought to recover the amount of a policy of $500, issued by the defendant in October, 1912, upon an automobile which was destroyed by fire.
The policy contained the following clause: “ This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof.”
The statement made to the agents of the defendant, and embodied in the policy, was that the automobile was a No. 877 Premier, forty horse power, four cylinder touring car, built in 1910. In fact…
2Cited by3 opinions
- Cohen v. Metropolitan Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1931
- Solomon v. Federal InsuranceCalifornia Supreme Court · 1917
- Saglineni v. Merrimack Mutual Fire InsuranceNew York Supreme Court · 1928